WIA CONTRACT Connecticut Department of Labor
Part I – FACE SHEET Rev. 6/14/11
(1) ____Original Contract ____Amendment # ____ / (2) CT DOL Contract #:Contractor / (3) Contractor Name and Address / (4) Contractor FEIN / SSN
(5) Contractor Representative / (6) Contractor DUNS #
(7) Telephone Number / (8) Contractor IRS ID #
(9) Type of ownership:
Corporation incorporated under the laws of the State of Connecticut / Limited Liability Company
Sole Proprietorship / Partnership
Trusteeship / Governmental Entity
(10) Check each item (Yes or No):
Minority Business: / Yes / No
Women Business: / Yes / No
Non-Profit: / Yes / No
State Agency / (11) Agency Name and Address
State of Connecticut, Department of Labor (CTDOL)
200 Folly Brook Boulevard
Wethersfield, CT 06109 / (12) Agency No.
DOL40000
(13) State IRS ID #
06-6000798
Contract Period / (14) START DATE
7/1/2011 / (15) END DATE
6/30/2013
Amount / (16) The maximum allowable amount paid or reimbursed under this contract shall not exceed: / $
Purpose / (17) Purpose of Contract:
To provide PY 2011 local area adult, youth and dislocated worker formula dollars under the Workforce Investment Act of 1998 (PL 105-220)
Terms and Conditions
of Contract / (18) The parties to this contract mutually agree that the contractor shall provide services in accordance with the services described and deliverables required under this contract. Upon the CTDOL’s timely receipt and approval of acceptable services, deliverables and reports, payment shall be processed by the CTDOL in accordance with the provisions of this contract. This contract consists of the following Parts:
Part I / CT DOL Contract Face Sheet
Part II / WIA General Terms and Conditions
Part III / WIA Program-Specific & Terms and Conditions
Part IV / State of Connecticut General Terms and Conditions
Part V / Appendices
Part VI / WIA Budget
This is a performance-based contract and payment/reimbursement are based on successful performance, acceptable deliverables and actual costs incurred. The State of Connecticut assumes no liability for payment under the provisions of this contract, until the Contractor is notified by the CTDOL that said contract has received final approval. This contract is the entire agreement between the parties and may be amended, modified or revised only in writing by the CTDOL.
Statutory Authority / (19) For the CT DOL, Connecticut General Statutes (C.G.S.) §§ 4-8, 31-250 and 31-253
Acceptances / In witness hereof, the parties have affixed their authorized signatures on the day, month and year written below.
(20) Collective Bargaining Concurrence: / Not Applicable / Yes (if Yes, see attachment)
(21) Contractor Approval:
______
Signature of Contractor’s Authorized Officer Date
______
Printed or Typed Name and Title
(22) CTDOL Approval
______
Glenn Marshall, Commissioner, Connecticut Department of Labor Date
(23) Approved as to form (if applicable) by the Office of Attorney General:
______
AAG Date / (24) CTDOL Business Management (for fund availability)
______
CTDOL Business Mgmt Date
WIA CONTRACT
TABLE OF CONTENTS
Part I / CTDOL Contract Face Sheet
Part II / WIA General Terms and Conditions
1. / Legal Authority
2. / Five-Year WIA Plan
3. / Use of Funds
4. / Safeguards to Protect Funds
5. / No Excess Cash
6. / Cost Reimbursement Basis
7. / Addition Method
8. / Excess Revenue Over Costs
9. / Local Area Expenditures for Administrative Purposes
10. / Use of Local Area Services, Facilities or Equipment
11. / Exceptions to WIA Title I Funding
12. / Foreign Travel Not Reimbursable
13. / Relocation
14. / Codes of Conduct and Conflict of Interest
15. / Anti-Nepotism
16. / Enforcement of Military Selective Service Act
17. / Veterans’ Priority Provisions
18. / Prohibitions:
a) / on Displacement
b) / on Impairment of Contracts
c) / on Assistance for Facilities for Sectarian Instruction or Religious Worship
d) / Other Prohibitions
19. / Grievance for Displacement
20. / Wages and Compensation; Benefits and Working Conditions
21. / Salary and Bonus Pay Limitations
22. / Treatment of Allowances, Earnings and Payments
23. / No Fee for Placement or Referral
24. / Health and Safety; Workers Compensation
25. / Monitoring and Oversight
26. / Audit Resolution
27. / Subcontracts
28. / Union Organizing
29. / Statutory Compliance; Applicable Orders, Laws, Regulations and Requirements, including:
a) / Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments and OMB Circular A-110 Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations
b) / The Federal Single Audit Act of 1984, Federal Single Audit Act Amendments of 1996 and OMB Circular A-133
c) / The Connecticut Single Audit Act
d) / federal Allowable Cost Principles
e) / WIA Sections 127 and 132
f) / Cost of Information Technology; Year 2000 Compliance
g) / Debarment and Suspension and Drug-Free Workplace requirements
h) / Restrictions on Lobbying
i) / Non-discrimination and Equal Opportunity, including:
WIA Section 188
The Civil Rights Act of 1964, Title VI
The Rehabilitation Act of 1973, Section 504
The Age Discrimination Act of 1975
The Education Amendments of 1972, Title IX
j) / Executive Order 11246 (September 24, 1965) “Equal Employment Opportunity”
k) / The Copeland “Anti-Kickback” Act
l) / The Davis-Bacon Act
m) / The Contract Work Hours and Safety Standards Act
n) / WIA requirements pertaining to patent, copyright and rights in data
o) / Clean Air Act, Clean Water Act, Executive Order 11738 and Environmental Protection Agency Regulations; Energy Efficiency standards and policies in Connecticut’s conservation plan
p) / The “Buy American” Act
Part III / WIA Program-Specific Terms and Conditions
1. / Subcontractors
2. / Reports
a. / Format
b. / Due Dates
c. / Delinquent Reports
Part IV / State of Connecticut General Terms and Conditions
1 / General Definitions
2 / Effective Date
3 / Liaison NEW
4 / Amendments and Modifications
5 / Subcontractor and Subcontractors REVISED
6 / Independent Capacity of Contractor NEW
7 / Cost Standards NEW
8 / Purchases; Supplies and Equipment; Title
9 / Lease of Equipment; Assignability of Personal Property
10 / Travel Policy NEW
11 / Financial Management System
12 / Limitation of Cost; Maximum Payment
13 / Payment; Withholding
14 / Refunds
15 / Reports
16 / Delinquent Reports
17 / Performance and Monitoring; Inspection of Work Performed
18 / Excusable Delays; Force Majeure
19 / Default or Breach by the Contractor REVISED
20 / Non-Enforcement Not to Constitute Wavier NEW
21 / Suspension and Debarment REVISED
22 / Termination, Reallocation, Reduction, Recoupment REVISED
23 / Audit, Record Keeping and Access NEW
24 / Governmental Function and the Freedom of Information Act
25 / Disputes
26 / Choice of Law and Choice of Forum
27 / Claims Against the State; Litigation REVISED
28 / Credits and Rights in Data; Copyright and Publication; Loss of Data REVISED
29 / Compliance with Laws and Policy, Facility Standards and Licensing NEW
30 / Safeguarding and Distribution of Confidential Information
31 / Assignment
32 / Severability of Contract Provisions
33 / Political Activities
34 / Layoff Certification
35 / Acknowledgement regarding Program Client Employment
36 / Statutory Compliance
Non-discrimination
Executive Orders
37 / Indemnification and Insurance REVISED
38 / Whistleblower Protection
39 / Sovereign Immunity; Supremacy Clause
40 / Campaign Contribution Restriction
Part V / Appendices
Items in this list shall be provided electronically to the Contractor as separate documents
and shall be considered as integral provisions of this Contract
as if the content, form and format of each such Appendix was fully set forth herein.
1. / WIB Update Report for PY 11
2. / Fiscal Attachments – by tab in Excel Spreadsheet
a. / Budget Summary
b. / Administrative Detail
c. / Program Detail
d. / Formula Funds Distribution, 2011 - 2012
e. / Formula Funds Distribution, 2012 - 2013
f. / Expenditure by Quarter
3. / PY 11 WIA Contracts and Subcontracts (excluding Youth Program Vendors)
4. / PY 11 Service Delivery – by tab in Excel Spreadsheet
a. / Adult – cumulative through each quarter 2011 - 2013
b. / Dislocated Worker – cumulative through each quarter 2011 - 2013
c. / Youth – cumulative through each quarter 2011 – 2013
d. / Other Measures – cumulative through each quarter 2011 – 2013
Total Participants;
Total Exiters;
Total Self-Service and Informational Participants;
Total Self-Service and Informational Exiters
e. / PY 11 Negotiated Performance Standards
by Funding Stream and Common Measure
f. / PY 11 Adult Report
Participation and Services cumulative through each quarter 2011 - 2013
g. / PY 11 Dislocated Worker Report
Participation and Services cumulative through each quarter 2011 - 2013
h. / PY 11 Youth Report
Participation and Services cumulative through each quarter 2011 - 2013
5. / PY 11 Formula Funds Distribution / by Funding Stream and Service Category:
Grant Recipient, Board, One-Stop Operator,
Other One-Stop System Contracts,
ITAs, IWTs, Contracts for Services, OJT, Customized Training, Youth Vendors, Needs-Related and Supportive Services, Youth Wages
6. / PY 11 Formula Funds Distribution CUMULATIVE
7. / PY 11 WIA Formula Funds – Planned Expenditure by Quarter
8. / Notice regarding Campaign Contribution and Solicitation Ban
a. / SEEC Form 10
b. / Definitions
Part VI / Budget
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WIA CONTRACT
Connecticut Department of Labor
Part II – GENERAL WIA TERMS AND CONDITIONS
Rev. 6/14/11
FEDERAL ASSURANCES AND CERTIFICATIONS
WORKFORCE INVESTMENT ACT (WIA)
(PL 105-220)
The Contractor assures and certifies that in using funds budgeted under this contract and in provision of the services required under this contract, the Contractor shall comply with the requirements of the Workforce Investment Act (PL 105-220) (WIA) as amended, and all regulations and policies promulgated thereunder. See WIA at http://www.doleta.gov/usworkforce/wia/wialaw.pdf as may be amended or revised from time to time. Specifically, the Contractor (also known as the Grantee) assures and certifies that it will comply with and adhere to the following:
1) LEGAL AUTHORITY
It possesses the legal authority to apply for and receive the grant as stipulated by Title I of WIA.
2) Five-Year WIA Plan
It shall operate the WIA Title I Program in accordance with the State-approved, local area Five-(5) Year WIA Plan, as applicable.
3) USE OF FUNDS
It shall use funds provided under WIA and as budgeted under this contract only for activities that are in addition to those that would otherwise be available in the local area in the absence of such funds.
4) SAFEGUARDS TO PROTECT FUNDS
It has implemented and shall maintain adequate safeguards for the protection of Federal funds.
5) NO EXCESS CASH
a) No excess cash shall be kept on hand by the Contractor during the term of this contract.
b) The Contractor shall not maintain balances in any single financial institution (e.g. bank) which exceed the levels at which the Federal Deposit Insurance Corporation (FDIC) provides full insurance coverage:
i) currently $250,000 maximum at each financial institution or
ii) as may be amended or revised from time to time by the FDIC.
c) The Contractor shall implement procedures to maintain and monitor the minimum amount of cash on hand necessary to achieve efficient timing and control of any disbursements made under this Contract.
6) COST REIMBURSEMENT BASIS
Pursuant to WIA Sec.184(a)(3)(B):
a) all procurement contracts and other transactions between Local Workforce Investment Boards and units of State or local governments shall be conducted only on a cost reimbursement basis; and
b) no provision for profit is allowed.
7) ADDITION METHOD
a) The addition method described at 29 CFR 95.24 or 29 CFR 97.25(g)(2) (as appropriate) shall be used for all the program income earned under WIA Title I grants or contracts.
b) Also:
i) when the cost of generating program income has been charged to the program, the gross amount earned must be added to the WIA program;
ii) however, the cost of generating program income must be subtracted from the amount earned, to establish the net amount of program income available for use under the grants or contracts when these costs have not been charged to the WIA program.
8) EXCESS REVENUE OVER COSTS
Pursuant to WIA Sec.195(7)(A) and (B), any excess of revenue over costs incurred for services provided by a governmental or non-profit entity shall be included in program income.
9) Local area expenditures for administrative purposes
Under WIA Title I formula grants, as defined at WIA Regulations, Section 667.200, local area expenditures for administrative purposes are limited to not more than ten percent (10%) of the amount allocated to the local area under WIA Sections 128(b) and 133(b).
10) USE OF LOCAL AREA SERVICES, FACILITIES OR EQUIPMENT
On a fee-for-service basis, employers located in the Workforce Investment Board’s local area may use local area services, facilities, or equipment funded under Title I of WIA, to provide employment and training activities to incumbent workers, whenever all three (3) of the following conditions are met:
a) when the services, facilities, or equipment are not being used by eligible participants; and
b) if their use does not affect the ability of eligible participants to use the services, facilities, or equipment; and
c) if the income generated from such fees is used to carry out programs authorized under WIA Title I.
11) EXCEPTIONS TO USE OF WIA TITLE I FUNDING
WIA Title I funds shall not be spent on:
a) construction or purchase of facilities or buildings except:
i) to meet Grantee’s obligation to provide physical and programmatic accessibility and reasonable accommodation, as required by:
1) Section 504 of The Rehabilitation Act of 1973 and
2) The Americans with Disabilities Act of 1990,
as either may be amended or revised from time to time;
ii) to fund repairs, alterations and capital improvements:
1) of SESA real property, identified at WIA Section 193, using a formula that assesses costs proportionate to space utilized;
2) for Job Corps facilities, as authorized by WIA Section 160(3)(B); and/or